Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
21956
Philip Ben Barnes v. Her Majesty the Queen
(British Columbia) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1994-07-18 | Appeal closed | |
| 1991-08-28 | Record returned to the Registrar of the Court of Appeal, (Vanc., B.C.) | |
| 1991-03-15 | Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC) | |
| 1991-03-15 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-03-15 | Copy of formal judgment being prepared, S.R. Fainstein, Q.C. C/O Dept. of Justice (Ottawa,ON) | |
| 1991-02-28 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-02-28 | Notice of deposit of judgment sent to all parties, S.R. Fainstein, Q.C. C/O Dept. of Justice (Ott,ON) | |
| 1991-02-28 |
Judgment on the appeal rendered, CJ W LaF L'HD So G Co McL St, The appeal is dismissed, L'Heureux-Dubé J. dissenting in part, McLachlin J. dissenting. Dismissed, no order as to costs |
|
| 1991-02-25 | Correspondence (sent by the Court) to, from David Frankel, re: appellant died on Jan. 23\91 | |
| 1990-11-14 | General proceeding, transcripts received and distributed to the justices (95 pages) | |
| 1990-10-31 |
Hearing of the appeal, 1990-10-31, CJ W LaF L'HD So G Co McL St Decision reserved |
|
| 1990-10-23 | Order on miscellaneous motion, permitting the filing of the appellant's reply factum,, with service | |
| 1990-10-23 |
Decision on miscellaneous motion, permitting the filing of the appellant's reply factum,, Reg Granted, no order as to costs |
|
| 1990-10-23 | Hearing of miscellaneous motion, 1990-10-23, permitting the filing of the appellant's reply factum,, Reg | |
| 1990-10-23 | Submission of miscellaneous motion, 1990-10-23, permitting the filing of the appellant's reply factum,, Reg | |
| 1990-10-23 | Response to miscellaneous motion, permitting the filing of a appellant's reply factum, with service | Her Majesty the Queen |
| 1990-10-23 | Affidavit, permitting the filing of the appellant's reply factum by Peter M. Kendall, with service | Philip Ben Barnes |
| 1990-10-23 | Reply factum on appeal, 22 copies., with service | Philip Ben Barnes |
| 1990-10-23 | General proceeding, ****************ERROR*****************************, with service | Philip Ben Barnes |
| 1990-10-19 | Respondent's factum, 21 copies, with service | Her Majesty the Queen |
| 1990-10-03 | Notice of miscellaneous motion, permitting the filling of a appellant's reply factum, with service | Philip Ben Barnes |
| 1990-10-03 | Order on motion to vary pronouncement / order, the judgment of the B.C. Court of Appeal, with service | |
| 1990-10-03 | Order on miscellaneous motion, extending time to file Notice upon the Appellant of Respondent's intention to seek to vary the Judgment of the Court of Appeal. | |
| 1990-10-02 | Order on motion to expedite the appeal, With service | |
| 1990-10-02 | Order on motion to expedite the appeal | |
| 1990-09-27 |
Appeal hearing scheduled, 1990-10-31 Decision reserved |
|
| 1990-09-24 | Appeal court record | |
| 1990-09-24 | Trial court record | |
| 1990-09-20 | Notice of hearing, With service | Philip Ben Barnes |
| 1990-09-19 | Notice of miscellaneous motion, (in letter form) for an order varying the judgment of the Court of Appeal (Re: Resp. asking Court to dismiss this appeal and enter convictions on all 3 counts), with service | Her Majesty the Queen |
| 1990-09-17 | Appeal perfected for hearing, Session beginning on 1990-10-01 | |
| 1990-09-17 |
Decision on motion to vary pronouncement / order, the judgment of the B.C. Court of Appeal., CJ Granted, no order as to costs |
|
| 1990-09-17 | Hearing of motion to vary pronouncement / order, 1990-09-17, the judgment of the B.C. Court of Appeal., CJ | |
| 1990-09-17 | Submission of motion to vary pronouncement / order, 1990-09-17, the judgment of the B.C. Court of Appeal., CJ | |
| 1990-09-17 |
Decision on motion to expedite the appeal, of the factum, CJ Granted, no order as to costs |
|
| 1990-09-17 | Hearing of motion to expedite the appeal, 1990-09-17, of the factum, CJ | |
| 1990-09-17 | Submission of motion to expedite the appeal, 1990-09-17, of the factum, CJ | |
| 1990-09-17 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (Appeal to be heard October 31, 1990) Granted, no order as to costs |
|
| 1990-09-17 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-09-17, (Appeal to be heard October 31, 1990) | |
| 1990-09-17 | Hearing of motion to expedite the appeal, 1990-09-17, (Appeal to be heard October 31, 1990) | |
| 1990-09-17 | Submission of motion to expedite the appeal, 1990-09-17, (Appeal to be heard October 31, 1990) | |
| 1990-09-17 |
Decision on miscellaneous motion, for an order that the time for service on the Appellant of Notice of the Respondent's intention to seek to vary the judgment of the Court of Appeal for British columbia be extended, NUNC PRO TUNC, to and including the 18th day of Sept./90, CJ Granted, no order as to costs |
|
| 1990-09-17 | Hearing of miscellaneous motion, 1990-09-17, for an order that the time for service on the Appellant of Notice of the Respondent's intention to seek to vary the judgment of the Court of Appeal for British columbia be extended, NUNC PRO TUNC, to and including the 18th day of Sept./90, CJ | |
| 1990-09-17 | Submission of miscellaneous motion, 1990-09-17, for an order that the time for service on the Appellant of Notice of the Respondent's intention to seek to vary the judgment of the Court of Appeal for British columbia be extended, NUNC PRO TUNC, to and including the 18th day of Sept./90, CJ | |
| 1990-09-14 | Motion to expedite the appeal, (for Oct. 31 or Nov. 1 or 2), with service | Philip Ben Barnes |
| 1990-09-14 | Affidavit, of Eduard J. Van Bemmel, with service | Philip Ben Barnes |
| 1990-09-12 | Affidavit, the judgment of the B.C. Court of Appeal., with service | Her Majesty the Queen |
| 1990-09-12 | Motion to vary pronouncement / order, the judgment of the B.C. Court of Appeal, with service | Her Majesty the Queen |
| 1990-09-12 | Affidavit, for an order extending the time NUNC PRO TUNC for service on the Appellant of the Respondent's motion, with service | Her Majesty the Queen |
| 1990-09-12 | Notice of miscellaneous motion, for an order that the time for service on the Appellant of Notice of the Respondent's intention to seek to vary the judgment of the Court of Appeal of British Columbia be extended, NUNC PRO TUNC, with service | Her Majesty the Queen |
| 1990-09-10 | Affidavit, of Eduard J. Van Bemmel, with service | Philip Ben Barnes |
| 1990-09-10 | Motion to expedite the appeal, With service | Philip Ben Barnes |
| 1990-09-10 | Notice of change of counsel, address, with service | Philip Ben Barnes |
| 1990-09-06 | Appellant's factum, 21 copies, with service | Philip Ben Barnes |
| 1990-08-23 | Certified casebook, With service | Philip Ben Barnes |
| 1990-07-11 | Case on appeal, 21 copies | Philip Ben Barnes |
| 1990-06-05 | Order on motion to extend time to serve and/or file notice of appeal, With service | |
| 1990-06-04 |
Decision on motion to extend time to serve and/or file notice of appeal, nunc pro tunc to May/23/90., Co Granted, no order as to costs |
|
| 1990-06-04 | Hearing of motion to extend time to serve and/or file notice of appeal, 1990-06-04, nunc pro tunc to May/23/90., Co | |
| 1990-06-04 | Submission of motion to extend time to serve and/or file notice of appeal submitted, 1990-06-04, nunc pro tunc to May/23/90., Co | |
| 1990-05-30 | Response to motion to extend time to serve and/or file notice of appeal | Her Majesty the Queen |
| 1990-05-30 | Affidavit, of Peter Benning | Philip Ben Barnes |
| 1990-05-30 | Motion to extend the time to serve and/or file the notice of appeal | Philip Ben Barnes |
| 1990-05-25 | Service, of Notice of appeal, with service | |
| 1990-05-23 | Notice of appeal | Philip Ben Barnes |
| 1990-05-23 | $30.00 filing fee, receipt #17613 | Philip Ben Barnes |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Barnes, Philip Ben | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Barnes, Philip Ben
Counsel
VANCOUVER, British Columbia
V6B 4M9
Telephone: (604) 685-3512
FAX: (604) 681-9142
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
Department of Justice
239 Wellington St
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-8412
Agent
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 957-8412
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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Lower court rulings
County Court of British Columbia
Not available
Proceedings stayed
Court of Appeal for British Columbia (Vancouver)
Not available
Appeal allowed; stay set aside and new trial ordered
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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